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(영문) 서울서부지방법원 2020.12.09 2020고단1225
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:00 on April 3, 2020, the Defendant: (a) was requested by the “D” restaurant operated by Seodaemun-gu Seoul Metropolitan Government to reduce the voice of the customers at the same time while drinking alcohol in a large level; (b) provided the customers with the desire to “waste, flood spons, spons, spons, spons, spons, spons,” and even upon receiving a request from the victims for a change of alcohol, the Defendant interfered with the victim’s restaurant business by force by avoiding the disturbance for about one hour, such as continuing to take a bath against the customers in the said restaurant, and by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written statements (C, E, cell phone video CDs, investigation reports (to hear victim’s telephone statements);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Article 62(1) of the Criminal Act (see, e.g., “the grounds for suspended sentence”)

1. Reasons for the sentencing of Article 62-2 of the Criminal Act in regard to probation, community service or lecture attendance order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with the affairs [the category 1] interference with the affairs (the special person]: Reduction elements of punishment (including efforts to recover damage): Reduction areas (including the recommended area and the scope of recommended punishment] reduction areas, imprisonment with labor for one month to eight months;

3. Determination of sentence: The fact that there are many criminal records, including two years of suspended execution of six months of imprisonment, probation, community service, violence scene and 19 times (three times of suspended execution of sentence, 16 times of fine). The fact that no effort was made to overcome the crime under the influence of alcohol even though it was repeated, appears to have an attitude to recognize and repent the crime, 2.50,000 won are paid to the victim, and that there was an agreement to pay 2.5,000 won to the victim, and that the victim started to receive the psychotropic spirit and treatment at the latest, shall be considered as favorable circumstances.

The age of the defendant.

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